USPTO Patents Application 09981743

Amendment Under C.F.R. § 1.116
U.S. Appln. No. 09/981,743

Atty. Dkt. No.:Q66747

REMARKS

Status of the Application

Claims 21-29 have been examined. Applicants thank the Examiner for indicating that

claims 24-26, and 28-29 would be allowed if rewritten in independent form including all the
limitations of the base claim and any intervening claim. However, Applicants will hold such
rewriting in abeyance choosing instead to traverse the rejection of the base claims.

Rejection under 35 U.S.C. jS 103(a) over Reimer in view of Curwen

The Examiner has rejected claims 21-23 and 27 under 35 U.S.C. § 103(a) as being

unpatentable over Reimer et al. (EP 1,014,427; hereinafter "Reimer") in view of Curwen (US
4,360,087). Applicant respectftilly traverses this rejection.

The Examiner applies Reimer alleging that it discloses all the claimed features but
concedes that Reimer does not disclose the "isolation means" of equivalence to that disclosed in
the instant application and "comprising an isolation enclosure enclosing said primary pump."
(Office Action, pg.3) Applicants agree that Reimer is deficient in at least this regard, but
disagrees that Curwen makes up this deficiency as alleged.

Specifically, even if Reimer and Curwen are combined as the Examiner suggests, the
combination fails to teach or suggest, at least, the isolation means comprising an isolation
enclosure, wherein said isolation enclosure is sealed , as recited in independent claim 21. With
regard to the previously presented isolation enclosure, the Examiner attempts to rely on

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Amendment Under C.F.R. § 1 . 1 1 6 Atty . Dkt. No. : Q66747

U.S. Appln. No. 09/981,743

Applicants' reiteration of Curwen's disclosure stating, "[T]he frame comprising an outer casing
10 enclosing the machine 20." (Office Action, pg. 5)

However, Applicants' previous statement and the disclosure of Curwen fail to teach or
suggest that the enclosure is sealed . For example, Curwen merely teaches that the assembly
comprises a metallic outer casing 10. (col. 3, lines 59-60) Additionally, Curwen discloses that
the casing 10 is shown at least partially enveloping compressor assembly 20. Moreover, Curwen
teaches that this enclosure may equivalently comprise any structural support means for securing
the suspension system thereto, (col. 4, lines 30-34) It is obvious from this disclosure that
Curwen fails to teach or suggest a sealed enclosure. Furthermore, this limitation is not inherent
as Curwen explicitly teaches that any structural support may be used, implying a total enclosure
is not required.

Thus, Applicants respectfully submit that independent claim 21 is patentable over the
applied combination of Reimer and Curwen. Further, Applicant submits that claims 22, 23 and
27 are patentable, at least by virtue of their dependency, and for the additional features recited
therein.

Conclusion

In view of the above, reconsideration and allowance of this application are now believed
to be in order, and such actions are hereby solicited. If any points remain in issue which the
Examiner feels may be best resolved through a personal or telephone interview, the Examiner is
kindly requested to contact the undersigned at the telephone number listed below.

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Amendment Under C.F.R. §1.116 Atty. Dkt. No.: Q66747

U.S. Appln. No. 09/981,743

The USPTO is directed and authorized to charge all required fees, except for the Issue

Fee and the Publication Fee, to Deposit Account No. 19-4880. Please also credit any

overpayments to said Deposit Account.

./

Respectfully submitted,

SUGHRUE MION, PLLC David P. Emery J

Telephone: (202)293-7060 Registration Nof^^^rl-S^"^

Facsimile: (202) 293-7860

WASHINGTON OFFICE

23373

CUSTOMER NUMBER

Date: March 24, 2006

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